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Divorce Mediation · answered on camera

Expert Attorney Compares Divorce Mediation and Arbitration

Quick answer

What's the difference between mediation and arbitration in divorce? Arbitration is binding and hasn't caught on in family law, explains New York attorney Bill Leininger—because public policy bars arbitrating custody, and often child support and alimony, which only a judge can decide. Even when both spouses agree, he can't rule on those. Arbitration fits business disputes far better.

Excerpt summaries from the video and transcripts · how we make them

Answered by Bill Leininger · Staten Island, NY

Highlights

0:25

— why binding arbitration never caught on in family law

1:09

— the limits: some states let only a judge set support and alimony

Frequently Asked Questions

What's the difference between mediation and arbitration in divorce?

Arbitration is binding and hasn't caught on in family law, because public policy bars arbitrating custody.

What can't an arbitrator decide?

Often child support and alimony, which only a judge can set—so even when both spouses agree, an arbitrator can't rule on those, which is why arbitration fits business disputes better.

→ Full interview on Attorneys.Media

Contact Bill Leininger
Answered by

Bill Leininger
Divorce Mediation For New York Residents

69 filmed answers · full profile →

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